Transgender activists are up in arms over reports that the Trump administration is considering a policy which would require government agencies to define a person's sex based exclusively on biological considerations. Under the reported proposal, the federal government would rely on the sex listed on a person's birth certificate as originally issued, regardless of whether the person has undergone gender reassignment surgery or had their birth certificate amended.
In essence, the proposed language change would remove certain protections for about 1.4 million Americans who identify as transgender, Fox News reported.
By undermining civil rights protections for transgender people, Trump would try to legalize discrimination against trans people.
The Cabinet agency had acknowledged months ago it was working to rewrite a federal rule that bars discrimination in health care based on "gender identity".
The department argued in its memo that key government agencies needed to adopt an explicit and uniform definition of gender as determined "on a biological basis that is clear, grounded in science, objective and administrable".
Jennings, who was born a male but identifies as female, said she's not anxious about the proposal, but will nevertheless speak against it. The Administration's plans are in direct conflict with a growing trend in federal court decisions affirming that sexual orientation and gender identity are covered under our nation's civil rights laws which prohibit discrimination based on "sex".
The Justice Department declined to comment on the draft health and human services proposal. In a legal memo presented to the administration, a coalition of civil rights groups wrote: "The overwhelming majority of courts to address the question since the most relevant Supreme Court precedent in 1998 have held that anti-transgender bias constitutes sex discrimination under federal laws like Title IX". At the time, Severino scoffed at the Obama Administration's efforts to expand sex to include gender identity, calling it "radical gender ideology".
The Obama-era protections sparked a fierce backlash from many conservative groups, especially evangelical Christians, in regards to public restrooms, dormitory housing and same-sex programs. "Here, written out plain, is their attempt to erase our very existence as transgender people", the law center tweeted.
Since being appointed the American President, Donald Trump and his administration have been working towards changing the dynamics of contemporary American life. About 1.4 million United States adults identify as transgender, according to a 2016 estimate by the Williams Institute.